The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-30
SHARP GETS A NEW TRIAL.
THE SEVEN JUDGES OF THE COURT OF
APPEALS UNANIMOUS. I'LL

|
THE SEVEN JUDGES OF THE CoUhT -
UNANIMOUS ~
go
e M. 49,, C.s".'. -" 49, 80
an. O,s Nh, WAL. I'm N vs.,r 4, ,y,tn
A.athy, ana D-op. into n pozc Aaasa-
O'Ne,i and McQusae Have 81 Turn Com.
ing Now-No such Luck for Jaehre.
AnpANy Nov. oo-Amonr the bundle Of
a,c,sIons bondsd down In tho Court ~ Apnon,.
,ht. ,,nrntnr a. ,hn rro.o,co NJ a d;.t,n,ui.bod
orrov ~ I,yvers Among whom we're Roscoe
Cont,ing w Rourks C,cl ran. and Col Robert
n In,ors,,i ,,as tho ascieion In the charm
.oso A mnm.nt ,ator eyorv ono nro.ent knev
that tho rnurt NJ ANNALS NV n unanimoua
vote. had oyerrnled Indigo parret, and tho
General Torn docision sustoinca Jpdpe Pot.
ter. reversed the convic,ion Of sberp, and
prprted him a new trim,
o.t.a.. m......, l.. r~.. p..s~,, GA
p' 800
teehn""' ouuko D"h'oi'he eo,o'o' '"'e"'
" ~ propos'tioh that oharps rISh'H Mere ~.
frinGed on by the use against him on his trial
OF tho testimony le gave under his subpoena
as q Witness before tho Senate committee that
investigated thu proadw,v briborv.
Tn b;e nreliuina p " re,,,rl.a Ju,lue D,nfortb
,,u,, 20 a.. ..,,.... a. 49,.
'.e ="
Dheet e'ruehee Mus SiNon itchi "n'.a =
hr,b.J ,oJ otl,or o,;,~n,~ .I,ouuk,,o,o 80 . ,,r-
oumstnntio, "hor.,,an nua huSo 80 ,an-
.r,nsive hnt snsiciont aetna ;,rv hawa sn,d bv
thair Ynrdio, ~ ,rnr.ant . endinn th.t shan
nor ,onoornod ,r tho onn,r;s.ion ~ th. ,r,r,a
and tha,.tora .,,utv ~ thn nrann. o,,,rcad
Exnon,tons &c. t.,,n In ho,,a,t ~ ,hn a..
f.ndant 20 s,,,or,, ,Ioo;s;nrs ,f ,ho ,,,nI ,ourt
in adm,tti,y against lila ob;sction ce,tnin
;,.rs az t.o,;rnory ,rbi,b 4, 4. conosJo, wona
material and without which il Ia claimed nv
tha snn.,,nnt n onn,iotion could mt ,r ,n,,ht
not have boon obtained"
or Sharp's testimony before the Senate Com
mittee. Judge Danfor'h says that the proseeu-
completely in the bribery. Tho defence OBJ
Section 70 of the Penal Code declares:
foregoing section of this code relating to briecryis a
s NJ, %ss :. s' ss%s. a:s', . s s%s.s, i ss' ':s'' : ; ssss =.
2. But the testimony 80 given shalt not be used in any
prosecution .a ,a. o, preceding civil or criminal against the
has been accepted shah not ,hsrs.,tsr he liable to indie.
may plead or prove the giving Of testimony accordingly.
by d SUBSEQUENT sectloh-'l o,ane rem!
o to psrmjt sue n1e svidonse I bsin SO nronoS as as n1s
tn. m,,, witness me- s,s upon OF. any charge Of perjury com
The first question upon this appeal is as to
the meaning and spirit of the statute contained
tends that Nv it the disolosures made bv him
! before the Senate committed we're nriviieaed.
- - -. ~ -,
anu couio not 90 useu assins1 MN on tne 1riA
now under review, and one 81 the learned
might be attributed to tho statute. II, It wsre
wholly q valid enac.mentla s he, contends It W
%itse snS had mo NOT ' Seen sn tlTs9 f hsssf and sas vo oR%.
tary las he contends It wasL. These propoai-
ti99ns LIZ at the bottom Of the CONTROVERSY:
DISTINGUISHES between the constitutional inhi-
iyins and The statutory 'p provision which pro-
tects him from the consequences Of his tssti-
n mSa'' to i each ets ssr'' II H. z Court @G w q A ls :
e,,iFme ~ c q assas,eh tos sd IsiasinS :. one sna MaSk bs.
fore the Grand Jury In AN investigation OF
alleged bribery Of New York Aldermen. and
t hs,a tn fre ne t must s6n ansWsr snd s wSa tS.t e se pro pro.
not privileged + BY The Constitution because he
.pas protscted BY, the statute tat that time the
Hackley was completely protected by thd
statute. and the fact that the disgrace Of OK.
was not used against him. was, &C according "a
the Court, The misfortune Of his condition,
and not any want Of humanity. in the law"
Judge DEMO l24 N. Y..tsS) says:l
answer would eliminate himself. no must aIioge, in sub.
stance; that l1ss, hi, Mo answer ,sn6 4 n repeated peat Ia, as n nn, admission ~ a,t on
.anl i 0a S + q pr u .es fsae . e IL s'S siS : chm im 2 ssgsss!a'G :.
whsr. It IL fforbidden by = positive statuts. Yaavs seen
no authority which holds or intimates that the witness
1t follows from the decision then rendered
that the provision OF the code which eInbodies
sideration is in no sense regu:nant to the
Constitution.
own viii or by comnnlslonp -A
10 make out that SHARP testified voluntarily
the prosecution maintains thai tie Senate in
that the senate committee he'd no BOWER &c
compcl Sharp to testify. AS to that Judge
Danforth says that there is nothing In the roc.
ord to support this position, and chat on the
trial the prosecution in no way questioned the
due appointment OF the committees or its DOW